Cases Archive - James Jackson Criminal Defence

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Not guilty: client acquitted of serious sexual offence after 18 minutes of jury deliberations

This case involved spurious claims of alleged sexual offending committed by our client. There were no eye-witnesses, no forensics, and a significantly delayed complaint. The matter took several years to get to trial in the District Court. We engaged in extensive preparation, including obtaining relevant documents by subpoena and locating and proofing a critical defence witness. As a result of our we preparation were able…

Not guilty x 6: client acquitted of serious sexual offences after only 17 minutes of jury deliberations

This long-running case involved the firm acting for a client charged with 6 charges of serious sexual offences. The matter took a considerable period to get to trial, a period of almost two years. When the trial finally arrived we had engaged in extensive preparations, including interviewing multiple defence witnesses, issuing multiple subpoenas and thoroughly preparing the accused and our final choice of defence witness…

FVRO applicant abandons case mid-trial; FVRO dismissed

This matter involved a client who was the respondent to a family violence restraining order (‘FVRO’) which had been issued on an interim basis. The client strongly denied the allegations made by the applicant at the ex parte hearing. The matter was listed for a final order hearing. Prior to trial, we engaged in extensive preparations. This included taking detailed statements from a number of…

Stealing charge dropped; spent convictions imposed for burglary & move-on order offences

The police had charged our client with offences of breach move-on order, burglary and stealing. The offences concerned two separate incidents about a month apart, and the client had no criminal record. The client’s goal was either a full acquittal or failing that, a spent conviction order, to enable the client to continue with their chosen career without the impediment of a conviction. We advised…

Second spent conviction imposed in weapons offence case

This case involved a client charged with a Weapons Act offence, relating to police locating a set of knuckle dusters with a knife attached in the client’s car. There was another person in the car, as well as other items in the rear belonging to other persons. The client had a previous spent conviction for an unrelated offence. We originally prepared the matter for trial on…

Second spent conviction granted for client with prior spent conviction

In long-running litigation that was recently brought to an end, we acted for a client charged originally with an offence of assault public officer. Whilst on bail, police laid a string of further charges against the client, who had a prior spent conviction for similar offending. We reviewed the evidence for the serious assault public officer charge and it was apparent that the prosecution would…

Impede breathing charge discontinued; spent conviction imposed for remaining charge

This case involved a client originally charged with two offences. The first, impede another person’s normal breathing, also known as ‘strangulation’. The second, aggravated common assault. The offences arose from an incident involving the client and two other males in the surf at a popular Perth surfing location. The allegation was that the client, after being ‘dropped in’ on by the complainant’s son, then put…

Suspended sentence imposed in aggravated armed robbery case

This matter involved a client charged with a serious offence of aggravated armed robbery. The allegation was that the client robbed a service station whilst armed with a replica firearm. On receiving the materials from the client, it was clear that the offence, whilst serious, was towards the lower end of the scale. A review of the CCTV material revealed that the client had no…

Spent conviction imposed in high-range drink driving case

This matter involved a client charged with ‘driving under the influence of alcohol’, which is an offence requiring a breathalyzer reading of or in excess of .150 BAC. The client was also charged with exceeding the speed limit by 32 km/hr. The client had no record and required a clear record in order to pursue their intended future career. We recommended the client engage in…

Suspended sentence imposed and juvenile justice principles applied in historical sexual offending case

This matter involved very lengthy proceedings against the client, who was originally charged with sexual offences that occurred over a decade prior. We acted for the client from the moment they were charged, all the way to the conclusion of the matter some three years later. The police originally charged the client as an adult, however it was clear that there was a strong likelihood…

Not Guilty: client acquitted following only 20 minutes of jury deliberations

This recent case involved our representation of a client over a period of several years. Initially charged with an offence of sexual penetration without consent, we acted for the client from early in the Magistrates Court stage. We progressed the matter towards trial, and in the process of doing so, the complainant made an allegation the client had breached their bail by coming too close…

2 x Indecent assault reduced to a single charge; spent conviction order imposed

This recent case involved the client originally being charged with two offences of indecent assault. The charges arose from an incident at a music festival and involved two complainants. Following receipt of the disclosure, it was clear one of the complainant’s accounts lacked credibility, and appeared to have been introduced in an attempt to add weight to the other complainant’s account. We presented a plea…

Appeal allowed: fine and costs order reduced, spent conviction order imposed

In this Single Judge Appeal matter, we acted for the appellant who had originally been charged with an offence of feeding birds without using a rodent-proof receptacle. This obscure law was pursuant to the Council’s local laws, and carried a maximum penalty of $1,000. The appellant had been self-represented in the original Magistrates Court proceedings. In the Magistrates Court, the appellant sent in a letter…

2 x indecent assault downgraded to 1 x common assault; spent conviction order imposed

In this case we acted in a matter involving two counts of indecent assault. The allegations related to an incident involving a security guard who was working at a large festival on their first shift. There were two separate complainants. We progressed the matter to trial and obtained an order for disclosure. It was apparent from the disclosure evidence that there were significant deficiencies in…

Spent convictions x 2 imposed in trespass and optical surveillance device case

In this case the firm acted for a client charged with trespass, and use of an optical surveillance device. The client had no criminal record and was of impeccable character. The allegations related to an awkward situation involving the client accidentally entering the wrong bathroom at a shopping centre, and becoming stuck there upon realising their mistake. The client used their mobile phone briefly to…

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